ORIENTAL INSURANCE CO LTD v. AMRATBEN WD/O SATISHBHAI @ CHHATHABHAI BHURABHAI BHARWAD
FA/111/2013 · 2025-12-02
Mool Chand Tyagi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 6803 (GUJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6803 (GUJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
C/FA/111/2013 ORDER DATED: 02/12/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 111 of 2013 ========================================================== ORIENTAL INSURANCE CO LTD Versus AMRATBEN WD/O SATISHBHAI @ CHHATHABHAI BHURABHAI BHARWAD & ORS. ========================================================== Appearance: MR VC THOMAS(5476) for the Appellant(s) No. 1 DARSHIT R BRAHMBHATT(8011) for the Defendant(s) No. 2,3 DECEASED LITIGANT THROUGH LEGAL HEIRS/ REPRESTENTATIVES for the Defendant(s) No. 5 DELETED for the Defendant(s) No. 4 MR AKHTAR N MALEK(3382) for the Defendant(s) No. 5.1,5.2,5.3,5.4,5.5,5.6,5.7,5.8,5.9 MR R G DWIVEDI(6601) for the Defendant(s) No. 1 ========================================================== CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
Date : 02/12/2025
ORAL ORDER
1. Heard learned advocates for the respective parties.
2. Learned advocate for the respondents pointed out that the captioned appeal may not deserve the consideration on merits owing to the smallness of the amount awarded to the claimants. There is a small and meager amount and considering the aspect of having no dispute in regards to the road accident, I am of the opinion that this appeal may not deserve consideration, more particularly, on the ground of smallness of amount. Accordingly, present first appeal stands dismissed.
C/FA/111/2013 ORDER DATED: 02/12/2025
3. It is made clear that present first appeal is dismissed on account of smallness of the amount and the order passed by this Court shall not be treated as precedent so as to say that this Court has decided any issue on merit. The whole purpose to dismiss the appeal on account of smallness of amount is with a view to avoid hardship both physically and financially on the part of the original claimants to appear and defend the case.
4. Therefore, this order shall not be cited as precedent in any pending matters before any Court in the State of Gujarat.
5. R & P, if any, to be sent back to the concerned Court immediately. The entire award amount be disbursed and released in favour of claimant/s after due verification by transferring said amount/s to the account/s of claimant/s by RTGS or NEFT.
6. The appellant is at liberty to revive the appeal in case of difficulty.
(MOOL CHAND TYAGI, J) HARSHIT Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: HARSHIT SANCHETI(HCD0070), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 04/12/2025 18:15:53